Court No. - 55
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1190 of 2019 Petitioner :- Nayan Kumar Kushwaha Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vijay Chandra Srivastava,Sunita Sharma Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Vijay Chandra Srivastava as well as Ms. Sunita Sharma, learned counsel for the petitioner and Sri Ghanshyam Dwivedi, learned Standing Counsel for the State-respondents.
On the previous date, this Court had required to the learned Standing Counsel to obtain instruction in this matter. Sri Ghanshyam Dwivedi, learned Standing Counsel, has placed the instruction from the Chief Medical Officer, Prayagraj, dated 5.7.2019. According to the instructions, the Primary Health Centre (hereinafter referred to 'PHC'), in question, was being run from the dilapidated accommodation. The building was very old and had become unsafe for use. It is also reported that in case of further continuance of PHC in the dilapidated building, it could have been dangerous to the life of the staff and also the patient.
Under such circumstances, on a temporary basis, the PHC has been shifted to another place and, in the meantime, either new building of the PHC will come up or a better building would be searched for or the premises in question would be got completely repaired thereafter PHC will transfer in the same area.
Sri Vijay Chandra Srivastava, learned counsel for the petitioner, vehemently submitted that the building can be repaired and PHC should continue on the same place. We are afraid that this prayer cannot be considered by the Court. We do not give any further direction, however, we make it clear that as soon as new premises are ready the PHC will function in the original area.
The writ petition stands disposed of.
Order Date :- 26.7.2019 Puspendra .
(Pankaj Bhatia,J.) (Vikram Nath,J.)